Industrial Disease

//Industrial Disease


By |2019-05-02T11:46:51+00:00May 21st, 2018|Case Notes, Industrial Disease|

HHJ Brian Rawlings on 15thMay 2018 handed down judgement in this case. Michael Kent QC and Peter Houghton instructed by Plexus appeared for the Claimant; Charles Feeny, instructed by Hill Dickinson appeared for the Defendant.  Mr Merritt worked for a painting and decorating company (Alick Whittle Limited) between 1975 and 1985, during which time he [...]


By |2019-05-02T11:46:52+00:00February 22nd, 2018|Case Notes, Industrial Disease|

The original article can be found here On 22 February ,the Court of Appeal handed down judgment in the case of Bussey v Anglia Heating. The primary focus of the Claimant’s Appeal had been that the earlier decision of the Court of Appeal in Williams v The University of Birmingham was per incuriam and therefore [...]

BUSSEY v. ANGLIA HEATING – Withstanding the broadsides?

By |2019-05-02T11:46:52+00:00May 16th, 2017|Case Notes, Industrial Disease|

His Honour Judge Yelton on 12th May 2017 handed down judgment in this case.  The action was a fatal mesothelioma claim.  The deceased, Mr Bussey, was employed by the Defendants as a plumber carrying out predominantly domestic work in the period 1965 to 1968.  In particular, Mr Bussey worked on the installation of new boilers [...]

Zurich Insurance v IEG [2015] UKSC 33

By |2019-05-02T11:46:54+00:00June 5th, 2015|Case Notes, Industrial Disease|

Case Background IEG is a solvent Guernsey company, a supplier of gas to the Channel Islands and a subsidiary of a global utilities, transport, energy and timber company quoted on the New York Stock Exchange. IEG is the successor in title of Guernsey Gas Light Co Ltd (“GGLCL”), which for a period of over 27 [...]

McDonald v National Grid Electricity Transmission [2014] UKSC 53

By |2019-05-02T11:46:55+00:00November 3rd, 2014|Case Notes, Industrial Disease|

Case Background This was an appeal by the appellant Defendants against the decision of the Court of Appeal in which they held that the Defendants were liable for breach of statutory duty under Asbestos Industry Regulations 1931 regulation 2(a). The respondent Claimant cross appealed against the decision that the Defendants were not in breach of [...]

Macarthy v Marks & Spencer [2014] EWHC 3183 (QB)

By |2019-05-02T11:46:55+00:00October 8th, 2014|Case Notes, Industrial Disease|

Case Background Mr Heward died of mesothelioma aged 61. Mr Heward started working for this father’s company aged 16 as a trainee draughtsman and subsequently rose to the position of Managing Director in 1981 upon his father’s death. D H Allan & Sons (the third party) undertook shop fittings and were responsible for maintenance of [...]

Dowdall v William Kenyon & Sons [2014] EWHC 2822 (QB)

By |2019-05-02T11:46:55+00:00August 29th, 2014|Case Notes, Industrial Disease|

Case Background John Dowdall had been exposed to asbestos through a greater part of his working life. In June 1998 he was diagnosed as suffering from asbestosis and pleural plaques and later that year started legal proceedings against seven of his former employers (the first action). At the time of the first action the only [...]

McGregor v Genco Ltd- identifying the issue and then the risk

By |2019-05-02T11:46:55+00:00May 12th, 2014|Case Notes, Industrial Disease|

Case Background The claimant, aged 58, developed mesothelioma and at the time of trial her prognosis was poor. The claimant’s symptoms first appeared around May 2012 and the diagnosis was confirmed in August 2012. The claimant alleged that her illness was caused by exposure to dust which was the result of escalator construction work taking [...]

Amaca Pty Ltd v Ellis [2010] HCA 5- The synergistic relationship between tobacco and asbestos

By |2019-05-02T11:46:56+00:00January 14th, 2014|Case Notes, Industrial Disease|

Case Background In this note Charles Feeny and Professor Damien McElvenny of the Institute of Occupational Medicine discuss the legal and epidemiological reasoning behind synergy. The synergistic relationship between tobacco and asbestos was considered in the Australian case of Amaca Pty Ltd v Ellis [2010] HCA 5. The plaintiff was the executrix of her husband, Mr Cotton, [...]

Breach of duty in historic hearing loss cases – adverse inferences

By |2016-05-12T16:44:18+00:00November 18th, 2013|Case Notes, Industrial Disease|

Case Background Keefe -v- Isle of Man Steam Packet Company Limited [2010] EWCA Civ 683 Shawe-Lincoln -v- Dr. Arul Chezhayan Neelakandan [2012] EWHC 1150 (QB) Heavey -v- TMD Friction Limited, Wakefield County Court, 25th October 2012, HHJ Cockcroft, Lawtel report 14 November 2013. Contributor Comments All of these cases concern the difficulties faced by Claimants in proving [...]